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(영문) 의정부지방법원 2018.09.04 2018고단687
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle in Category D E-II Skis.

On November 21, 2017, the Defendant driven the above cargo vehicle around 18:10, and proceeded with the two-lane road in front of the F cafeteria E at the Yangju-si, the two-lane road from the 26 association room to the agricultural bank.

Since the location is the intersection where signal lights are installed, there was a duty of care to reduce speed to those engaged in driving of a motor vehicle and to proceed in accordance with signals.

Nevertheless, without a driver's license, the Defendant neglected this without a driver's license and violated the stop signal, and went to the left in the direction of the welfare distance, and received the front part of the H-crui's Operation G (25) driving in accordance with the new subparagraph from the victim G (25) to the right-hand side of the above cargo vehicle of the Defendant driving.

As a result, the Defendant suffered injury to the victim for about two weeks of medical treatment due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving the DMa Ma-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 3 (1), the proviso to Article 3 (2) 1, and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the non-licensed driving, the choice of imprisonment with prison labor) concerning criminal facts;

1. The reason for sentencing in the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act that aggravated concurrent crimes [the scope of recommended punishment] is one type of general traffic accident (the scope of recommended punishment], and (1) month to August in the mitigation area (the special mitigation (aggravated mitigation)] [the case where there is minor injury (a type).

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